Will Business Interests ‘Trump’ Human Rights?

Sean Molloy is a Principal’s Scholar in Law, reading for a PhD at Edinburgh Law School. Sean researches the relationship between business and human rights, and contributes to the LLM in Human Rights as a guest lecturer. In this post, he considers what a Trump presidency might mean for human rights and how this applies to businesses in the USA.

As the world comes to terms with the shock election of Donald Trump, our thoughts quickly turn to the implications of the choice of the American people (or more precisely the electoral colleges). From issues such as US foreign policy in Syria to US relations with Russia, the rights of Muslims and Mexicans, to abortion and the rights of women, both America and the world are left in a state of unease and uncertainty as to what the next four (or possibly even eight) years hold. As the dust settles, further potential consequences on other thus far unmentioned rights-related issues become the topics of thought. One such issue is that of Business and Human Rights (BHR) and in particular what Trump’s election might mean for the protection of rights in respect of the actions of businesses both in America and in regards to American companies operating abroad (see generally Business and Human Rights Resource Centre).

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Getting to Grips with Guantánamo IV: Person Zero & Camp 7

KMSThis post is by Kasey McCall-Smith: a lecturer in Public International Law and programme director for the LLM in Human Rights at Edinburgh Law School.

This post is the fourth in a series of blogs that chronicle the history and current state of play regarding the US rendition and detention programme in the immediate aftermath of 9/11. They were written during the author’s visit to Guantánamo Bay, Cuba, to observe military commission proceedings in the case of USA v. Khalid Shaikh Mohammad, et. al.  30 May – 3 June 2016, which is the initial phase of her project Getting to Grips with Guantánamo.

In my last post, the use of evidence obtained through torture in the case of US v. Khalid Shaikh Mohammad, et. al. (KSM case) was introduced. This post further considers how torture impacts detainees held at Guantánamo and the 9/11 trial. An interesting addition to the already complex pre-trial considerations is the possible appearance of a detainee who has not been seen in public since he was rendered into the custody of the CIA. Abu Zubaydah, a Palestinian, is believed to have been taken into CIA custody in 2002 following his capture in Pakistan. After three years on a CIA ‘black site’, he was delivered to Joint Task Force-Guantánamo (JTF-GTMO) in 2006 where he remains a High Value Detainee (HVD) despite never having been charged with a crime. As characterised by former FBI agent, Ali Soufan, Zubaydah is the ‘original sin’ of the US in its post-9/11 anti-terror campaign.

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Getting to Grips with Guantánamo III: Torture Evidence

KMSThis post is by Kasey McCall-Smith: a lecturer in Public International Law and programme director for the LLM in Human Rights at Edinburgh Law School.

This post is the third in a series of blogs that chronicle the history and current state of play regarding the US rendition and detention programme in the immediate aftermath of 9/11. They were written during the author’s visit to Guantánamo Bay, Cuba, to observe military commission proceedings in the case of USA v. Khalid Shaikh Mohammad, et. al.  30 May – 3 June 2016, which is the initial phase of her project Getting to Grips with Guantánamo.

Right now, on a small island in the Caribbean, what will ultimately be one of the most comprehensive examinations of torture is taking place in the form of a military commission proceeding in the case of US v. Khalid Shaikh Mohammad, et. al. (KSM case). A common understanding among the observers that are witnessing KSM is that half are there to see the 9/11 trial and half are there to see the torture trial. In anticipation of what many view as a foregone conclusion, the defence lawyers are diligently representing their clients in order to ensure that if the ultimate penalty, death, is pursued in the sentencing phase of the trial; then the brutality that they suffered at the hands of the CIA is in the trial record. This record will be instrumental to mitigation of the death penalty and speak to the reality that much of the evidence presented may have been extracted or derived through torture, which is prohibited under international law.

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Getting to Grips with Guantánamo II: Military Commissions & Law of War Detention

KMSThis post is by Kasey McCall-Smith: a lecturer in Public International Law and programme director for the LLM in Human Rights at Edinburgh Law School.

This post is the second in a series of blogs that chronicle the history and current state of play regarding the US rendition and detention programme in the immediate aftermath of 9/11. They were written during the author’s visit to Guantánamo Bay, Cuba, to observe military commission proceedings in the case of USA v. Khalid Shaikh Mohammad, et. al.  30 May – 3 June 2016, which is the initial phase of her project Getting to Grips with Guantánamo. Click here to read the first post in the series: ‘Rendition to the Caribbean’.

The military commission proceeding against the 9/11 five in the case of US v. Khalid Shaikh Mohammad, et. al. (KSM case) is viewed as having parallel purposes, bringing justice to the nation and victims’ families for the terrorist attacks of 9/11 and laying bare the flagrant torture campaign under the US Central Intelligence Agency’s (CIA) post-9/11 Detention and Interrogation Program (DIP). The KSM case stems from charges filed on 31 May 2011 against the five men charged with conspiracy, murder and destruction of property in violation of the law of war for the conception and facilitation of the 9/11 attacks which resulted in the deaths of close to 3000 people. The subsequent ‘war on terror’ launched by the Bush administration in the aftermath set in motion a ruthless anti-terrorism campaign by the CIA that has been acknowledged by the US government as comprising widespread use of torture in breach of both US domestic law and international law.

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Getting to Grips with Guantánamo I: Rendition to the Caribbean

KMSThis post is by Kasey McCall-Smith: a lecturer in Public International Law and programme director for the LLM in Human Rights at Edinburgh Law School.

This post is the first in a series of blogs that chronicle the history and current state of play regarding the US rendition and detention programme in the immediate aftermath of 9/11. They were written during the author’s visit to Guantánamo Bay, Cuba, to observe military commission proceedings in the case of USA v. Khalid Shaikh Mohammad, et. al.  30 May – 3 June 2016, which is the initial phase of her project Getting to Grips with Guantánamo.

Following the attacks against the US on 9/11, then-President Bush declared open-season on all individuals with any established link to al Qaeda. In furtherance of the Bush declaration, the US Central Intelligence Agency (CIA) commenced what would eventually prove to be the most egregious and calculated rendition and detention campaign in modern, post-WWII history. A campaign defined by blatant breaches of both US and international law. To this day, it serves as a black mark on America’s international image, and the resulting impact of the decisions taken by the Bush Administration in the early days of 2001 continue to resonate today.

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Pregnancy, Choice, and the Lessons of the Past

Mikki headshotDr Michelle Brock is an Assistant Professor of History at Washington and Lee University, specialising in British History. In this second guest post for the Global Justice Academy, Mikki tackles the current controversy in the US around abortion and the politicisation and policing of women’s bodies – drawing striking parallels with early modern Europe. 

In the United States, the last decade has witnessed a growing cacophony of calls from pro-life advocates seeking to overturn Roe v. Wade, the Supreme Court’s 1973 decision to legalise a woman’s right to an abortion. Every single current Republican candidate for president, fourteen men and one woman, has declared his or her opposition to abortion in most or all cases.

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Climate Change: Moving Beyond the Smoke Screen

GB Profile pictureIn this guest post, Geoffrey Buckley, Professor of Geography and Undergraduate Chair at Ohio University, Athens, Ohio, reports on a recent departmental seminar on climate change, and the important issues that it raised for research and policy-making.

Dr. Judith Curry, professor of Earth and Atmospheric Sciences at the Georgia Institute of Technology, visited Ohio University in Athens, Ohio recently to discuss, in her words, the “state of the climate debate.” She was a guest of the George Washington Forum, a group that, according to its website, endeavours to bring “civic education and intellectual diversity” to campus. Curry, an outspoken critic of the work of the Intergovernmental Panel on Climate Change (IPCC), confirmed her reputation as a “climate heretic” early on in her presentation, stating: “It’s a name I’m proud to bear. I’m not telling anybody what to do; it’s the honest broker role.” Unfortunately, it’s a role that does not suit her.

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Why We Blame the Victim, and Why We Have To Stop: a Perspective from a Historian

Mikki headshot

Dr Michelle Brock is an Assistant Professor of History at Washington and Lee University, specialising in British History. In this guest post, Mikki examines the culture of ‘victim blaming’ that has been reinvigorated in the United States over the past six months, from the perspective of an early-modernist who researches belief and the Devil.

From the decisions not to indict the officers who killed Michael Brown and Eric Garner to the disturbing Rolling Stone article on a brutal gang rape at UVA, this country has produced a harrowing month of news. The reaction of much of the American public to these stories has been as distressing as their content. Many have turned not to self-searching or activism, but to stereotype and judgement. They rush to point out that Brown and Garner had, after all, committed crimes, drawing on centuries-old racial tropes to point out their size or comment that they were acting like “thugs” with “bad attitudes.” When they hear about the epidemic of sexual assaults on college campuses across the country, they question the victim’s dress, behaviour, and alcohol consumption, wondering if not explicitly saying that she might have been “asking for it.” In short, we are a country that blames the victims.

Wolfram Burner (Flickr)

Wolfram Burner (Flickr)

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Mental Health and Justice: the Execution of Scott Panetti

HC Profile PicThis post by Dr Harriet Cornell, Development Officer for the Global Justice Academy, examines the relationship between mental illness and justice in light of the planned execution of Scott Panetti in Texas on Wednesday, 3 December 2014.

A Public Policy Polling national survey was published yesterday, 1 December 2014, showing that Americans oppose the death penalty for mentally ill defendants by a 2-1 margin. The Death Penalty Information Center reported that ‘opposition to the execution of people with mental illness was strong across lines of race, gender, geographic region, political affiliation, and education. Democrats (62%), Republicans (59%) and Independents (51%) all opposed the practice’. Tomorrow, 3 December 2014, the state of Texas plans to execute Scott Louis Panetti for the 1992 murders of his parents-in-law, Joe and Amanda Alvarado. With a long, documented history of severe mental illness, Scott Panetti’s case has garnered international news coverage and a notable spectrum of support for clemency.

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Ebola: Judging Reactions and Responses. What Happens Next?

LG Ebola 27 Oct 2014

The University of Edinburgh’s Global Academies have announced their Autumn 2014 Ebola Series in response to the current global crisis. In this short post, Dr Harriet Cornell from the Global Justice Academy reflects on how the global response to Ebola has unfolded in the press, and criticisms that have been voiced by experts in the field.

This evening’s Ebola headlines are divided between pleas for world help from Liberia’s President, Ellen Johnson Sirleaf, and blame for the spread and devastation of the outbreak been laid squarely at the doors of the world’s supranational bodies: the World Health Organisation, and the United Nations. Then there is the intersect between the outbreak of the disease in West Africa, and the western media response, with The Guardian running a comment piece entitled The problem with the west’s Ebola response is still fear of a black patient’.

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